States sue to release $7B in federal education funding illegally withheld

SEATTLE — Attorney General Nick Brown today announced his office has joined litigation against the U.S. Department of Education and the Office of Management and Budget for the government’s illegal withholding of $7 billion in formula grants allocated to the states.

“Student success and wellbeing is a nonpartisan issue. It’s inexcusable that the federal government would choose to wreak havoc on local school systems like this as they prepare for the upcoming school year,” Brown said. “We’re fighting for every dollar our students are owed.”

These grants support longstanding programs for K-12 students that the federal government is obligated by law to support financially, including programs for English learners and children of migratory workers; professional development for teachers, principals, and other school leaders; enhanced classroom instruction, improved school conditions, and the use of technology in the classroom; and community learning centers that offer students a range of academic and extracurricular enrichment.

The federal government was to begin awarding these grants for the upcoming school year on July 1, but the day before that deadline, the states received a vague notice that the government was now “reviewing” this funding “given the change in Administrations.” This action violates a number of statutes by going against Congress’ explicit designs for these funds as well as the Education Department’s own regulations.

In our state alone, the Office of the Superintendent of Public Instruction estimates nearly $137 million in these frozen funds were to go to K-12 schools for the upcoming academic year.

“I thank the AG’s office for their willingness to step into this case,” State Superintendent Chris Reykdal said. “The AG represents their clients—state agencies, and at OSPI, we continue to share the harms to students, families, educators, and taxpayers stemming from this presidential administration. Diverting funds intended for students and educators that were approved by Congress and signed by President Trump himself, to build a reserve of funds to pay for tax cuts for billionaires, is immoral and illegal. We look forward to federal officials releasing all of the education funds intended for the 50 states and territories.”

The funding freeze also severely limits the states’ adult education systems. Hundreds of thousands of learners in these states, including those learning English and those working toward a high school diploma, depend on services funded by the Workforce Innovation and Opportunity Act at community colleges, public schools, libraries, correctional education programs and other venues.

The state Board for Community and Technical Colleges estimates more than $13 million in funds to support student learning is being withheld under the administration’s freeze.

“The Department of Education’s last-minute decision to withhold the Basic Grant and the Integrated English Literacy and Civics Education grant means immediate impact to tens of thousands of students across Washington state as they work on their high school diploma or GED, learn English, math, and digital literacy skills, and train for jobs,” said Chris Bailey, interim executive director of the state Board for Community and Technical Colleges. “Adult basic education programs are critical for working adults as they learn and improve the skills they need to get good jobs, as well as for employers to hire the skilled workers they need.”

The states’ complaint seeks to halt these illegal actions and force the federal government to provide these grants in accordance with the law.

The litigation is led by California, Colorado, Massachusetts, and Rhode Island. Also joining are the attorneys general of Arizona, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, and Wisconsin. The governors of Kentucky and Pennsylvania are also plaintiffs.

The complaint can be found here.

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